US Court Slams Esquire’s Claim of Fair Use vs a Photographer

Worried your Instagram posts might get used by magazines without your permission? Here’s a recent case that should settle your mind.

All forms of photography, whether taken for work or for personal use, are now at risk of being stolen or used without permission — even by established publications. Global publisher Hearst recently learned the consequences of that when they published on Esquire’s website the iPhone snap of Jonathan Otto, showing President Donald Trump crashing a wedding on June 11, 2017. The court decision dropped by the U.S. District Court for the Southern District of New York on December 10 ruled against the publisher’s claim of fair use and sided with the copyright infringement case filed by Otto.

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